July 18, 2018

LIMITATION ON FORCE by police model jury charge 2C:3-7b

There are, however, limitations on the use of force a person may use in effecting a lawful arrest. The use of force is not justified unless:
(1) The defendant makes known the purpose of the arrest or the defendant reasonably believes that the purpose of the arrest is otherwise known by the person arrested or cannot reasonably be made known to (him/her), and
(2) When the arrest is made under a warrant, the warrant is valid or the defendant reasonably believes it to be valid.
Accordingly, before you can find the defendant not guilty of the offense charged by reason of this defense, you must find that the defendant complied with at least one of these requirements.
In addition, there are limitations on the amount or degree of force a person may use in effecting an arrest. Deadly force is defined as force which the actor uses with the purpose of causing, or which he knows to create a substantial risk of causing, death or serious bodily harm. Serious bodily harm means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault. The use of deadly force is not justifiable unless:
(1) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer, and
(2) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons, and
(3) The actor reasonably believes that the crime for which the arrest was made was homicide, kidnapping, sexual assault, criminal sexual contact, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes, and
(4) The actor reasonably believes:
(a) There is an imminent threat of deadly force to himself or to a third party, or 
(b) The use of deadly force is necessary to thwart the commission of a crime listed above, or
(c) The use of deadly force is necessary to prevent an escape.

Therefore, if you find that the force used by the defendant was deadly force, before you can find the defendant not guilty, you must further find that all of the aforementioned requirements have been satisfied. If you find that deadly force was used and that the defendant was not authorized to act as a peace officer or someone summoned by and assisting a person whom he/she reasonably believes to be acting as a peace officer, the use of deadly force is not justified and you cannot find the defendant not guilty by reason of this defense.

March 31, 2018

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2017-2018 May 2,

May 2, 2018 at 12 noon [Rescheduled from March snowstorm]
Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA
at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
         This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
       For information or membership in Local 9, contact President Mike Burns mcbkc@aol.com 732-721-7474 Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement can attend the update on Municipal Court.  Please share
         Speaker: KENNETH VERCAMMEN, Esq. of Edison
                  Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review       www.njlaws.com/mun.html
 Past President Middlesex Municipal Court Prosecutors Assoc


 https://www.facebook.com/events/473587223042461/
https://www.facebook.com/Retired-Police-Fire-Middlesex-Monmouth-Local-9-Njrpfa-981589945241076/
About the New Jersey Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the PENSION, HEALTH BENEFITS and GENERAL WELFARE of police and firefighter retirees as well as their survivors and/or other beneficiaries. There are over 3,000 members of the association in various county Locals in NJ, as well as Local 22 in the State of Florida. These members are retirees from State, County and Local Firefighters, Police, Sheriff, Prosecutors, and Attorney General’s Office to name a few. These members reside in NJ, NY, PA, FL, VA, SC and many other states.



Local 9 has supported numerous organizations, individuals and members in times of need, with personal support and financial donations. We also support members by co-hosting various activities throughout the year.
Our Associate Members are from various occupations that support the association’s mission and members. These members are Attorneys, Mortgage Brokers, Real Estate Brokers, State Assemblymen, Senators and Businessmen that support the retired Firefighters and Police in NJ.
We welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. You may contact any member for an application, write to the above address or contact Mike Burns at mcbkc@aol.com or at 732-721-7474. Thank You.
                           Mike Burns                                                                                                     President Local 9

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

January 28, 2018

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2017-2018 March 7, 2018

March 7, 2018 at 12 noon,
Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA
at South Amboy Ancient Order of Hibernians 271 2nd St, South Amboy, NJ 08879
         This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
       For information or membership in Local 9, contact President Mike Burns mcbkc@aol.com 732-721-7474 Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement can attend the update on Municipal Court.  Please share
         Speaker: KENNETH VERCAMMEN, Esq. of Edison
                  Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review       www.njlaws.com/mun.html
 Past President Middlesex Municipal Court Prosecutors Assoc


 https://www.facebook.com/events/473587223042461/
https://www.facebook.com/Retired-Police-Fire-Middlesex-Monmouth-Local-9-Njrpfa-981589945241076/
About the New Jersey Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the PENSION, HEALTH BENEFITS and GENERAL WELFARE of police and firefighter retirees as well as their survivors and/or other beneficiaries. There are over 3,000 members of the association in various county Locals in NJ, as well as Local 22 in the State of Florida. These members are retirees from State, County and Local Firefighters, Police, Sheriff, Prosecutors, and Attorney General’s Office to name a few. These members reside in NJ, NY, PA, FL, VA, SC and many other states.



Local 9 has supported numerous organizations, individuals and members in times of need, with personal support and financial donations. We also support members by co-hosting various activities throughout the year.
Our Associate Members are from various occupations that support the association’s mission and members. These members are Attorneys, Mortgage Brokers, Real Estate Brokers, State Assemblymen, Senators and Businessmen that support the retired Firefighters and Police in NJ.
We welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. You may contact any member for an application, write to the above address or contact Mike Burns at mcbkc@aol.com or at 732-721-7474. Thank You.
                           Mike Burns                                                                                                     President Local 9

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org